Elliott v. Sheppard
Supreme Court of Missouri
Appeal from Shannon Circuit Court. — -Ho». W. A. Evans, Judge. (1) When the evidence on issues at law is documentary, or contained in depositions, and there is no-conflict- in regard thereto, and nothing in the surrounding circumstances discrediting the testimony of deponents, a finding in opposition to it will be reviewed on appeal. Efron v. Car Co., 59 Mo. App. 641; Bank v. Lawson, 87 Mo.
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Appeal from Shannon Circuit Court. — -Ho». W. A. Evans, Judge. (1) When the evidence on issues at law is documentary, or contained in depositions, and there is no-conflict- in regard thereto, and nothing in the surrounding circumstances discrediting the testimony of deponents, a finding in opposition to it will be reviewed on appeal. Efron v. Car Co., 59 Mo. App. 641; Bank v. Lawson, 87 Mo. App. 42. (2) This verdict ought to be reversed and set aside, because it is manifestly against the law and the evidence. Ackley v. Stachlaw, 56 Mo.'558; Doering v. Saum, 56 Mo. 479; Powell v. Railroad, 76…
1Opinion of the CourtFox, J.
— “Tbis is an action to settle and determine the title to tbe east half of section 27, township 29, range 1, west, in Shannon county, Missouri, under an act of tbe Legislature, approved March 15, 1897, now section 650 of Revised Statutes 1899. Tbis case was returnable to tbe March, 1901, term of tbe circuit court of said Shannon county. ’ ’
That we may fully comprehend tbe issues in tbis cause, we here insert tbe petition and answer, as follows :
“Plaintiffs state that .defendants are non-residents of tbe State of Missouri, so that tbe ordinary process of law can not be served upon them. For…
2Cases cited7 opinions
- Lickmon v. HardingIllinois Supreme Court · 1872
- Barrett v. DavisSupreme Court of Missouri · 1891
- Russell v. Baptist Theological UnionIllinois Supreme Court · 1874
- Brocking v. StraatMissouri Court of Appeals · 1885
- Sutton v. CasselleggiMissouri Court of Appeals · 1878
2 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Keener v. WilliamsSupreme Court of Missouri · 1925
- Spore v. Ozark Land Co.Supreme Court of Missouri · 1905
- Petring v. KuhsSupreme Court of Missouri · 1943
- State v. CoffeyWashington Supreme Court · 1941
- Wilcox v. CoonsSupreme Court of Missouri · 1949
5 more not listed; retrieve them via the Exa API.